Home > Research Legal Advice > Criminal Defense > Do i need a criminal defense attorney? what should i do? im worry
Asked 7 months ago - Costa Mesa, CA
Flagi was chatting to this girl i like and suddenly she said she had sex with someone (she was joking) and i was mad at yell at her and at the end we told me she was just joking and i accidentally say something sound like a threat "what if i kill someone in your family, would you be so mad?" and after that she said i scare her and i told her i was just giving an example and that quote i got from a game and i was short temper, i also apologize to her and she said she forgive me and dont want to talk to me, and that was when we was in high school and now we in college and it was almost 2 years ago and 2 days ago i just saw her contact on my chat and i msg her say that i apologize for whatever i say before and i feel bad about it and she told me no worries its in the past and she also apologize.
The odds of anything happening nearly 2 years later are slim. In order to prosecute you for threats, they would have to prove that you said something that conveyed an immediate threat of death or bodily harm to someone, that you intended it to be taken as a threat and that the person was in "sustained fear" for their safety (or the safety of another person). It doesn't sound as though you had that intent.
What I'd strongly suggest is that you stop bringing this up. You've made your peace, she accepted your apology and it sounds as though you can both put this behind you.
The statute of limitations is three years, so it's nearly too late for them to prosecute.
I agree with Mr. Dane. You may also want to think about what you say to people in person and even more importantly in chat rooms where there is evidence that be gathered against you. Its a good habit to "think first" before you say anything that others might find upsetting, threatening or controversial. Sounds like this matter is not going any further, but you'd be smart to learn from it.
After two years, it is unlikely anything will happen. Based on your facts, it sounds like there isn't much of a case. To convict someone of a criminal threat, the prosecution must prove that the defendant intended the comment as a threat and that the recipient sustained fear from it. Based on your description, above, it does not appear that this is the case.
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